Justice Agencies and the Internet
Opening Keynote: The Internet and Criminal Justice
Judge Thomas Cecil
November
4 -5, 1997 Hyatt Regency San Francisco Airport

Welcome Remarks:
Good Morning, It is a great pleasure to be here. I want to thank
you for this chance to talk with you about the internet
opportunities for Criminal Justice Agencies. In addition, I'd
like to share with you some of the technological activities that
are going on in the court system and elsewhere along with a
vision of what the future holds, not only for law enforcement,
but for the criminal justice enterprise as a whole.
Historical Perspective:
History is the world's best teacher. A combined sense of
history and vision for the future serves us well in addressing
the challenges ahead for Law Enforcement Leaders. The world as we
know and understand it is undergoing a dramatic transformation.
Imagine the year was 1946, and I came to talk about a brand new
medium that was going to change the world and give creative
individuals an almost unlimited forum for expression. It was
going to be the coolest thing since the Gutenberg printing press.
A new wave of communication would be born. Of course I'd be
talking about television.
Now we're going through another dramatic media shift. But this
isn't about whether or not Justice Agencies should have a web
page. It's about whether or not Justice Agencies want to play by
a new set of rules that's creating a new economy , a new culture
and radically new expectations.
Like the television, the Internet is a tidal wave. It will wash
over Justice Agencies and many others, drowning those who don't
learn to swim in its waves. Consequently, public agencies and
private companies must incorporate the Internet in their plans.
Failing to do so will substantially increase the likelihood of
failure.
Bill Gates said in August of 1995, " The surging popularity
of the communications network called the Internet is the most
important single development in the computer industry since the
IBM PC was introduced in 1981. " It is even more important
than the advent of the graphical user interface, the use of
on-screen pictures and fonts. If you looked around Microsoft and
said, "What's the theme that's driving innovation
here?" you would discover it is the Internet.
Television, print and radio share the characteristics of
broadcast media. Messages are one-way, broadcast indiscriminately
to a wide audience. In contrast, the Internet is a two-way
communication medium. And, the "audience" is an
individual user either searching out sources directly for
specific information or engaging with communities of common
interest. Whereas the broadcast media is highly regulated with
gatekeepers, on the Internet, anyone can be a publisher or
broadcaster. The broadcast media acts as a filter, choosing what
material will be broadcast within regulatory boundaries. On the
Internet, a web site provides a direct two-way link to its
particular user, whether it's electronic data interchange or
stamp collecting from a "mom and pop" shop.
The Internet changes the way we distribute information in a
fundamental way that makes it highly participatory.
What The Near Future Holds
Fifteen years ago, managers responsible for equipment purchases
and repair worked on 7 to 10 year replacement cycles. A decade
ago, the 5-year cycle was the model. In recent years, the
"long term" plan for technology equipment has decreased
to a mere three years.
The push to be cutting edge can be a fierce master. And, frankly,
especially for those in the public sector, being cutting edge is
an impossibility when you recognize that technology is moving so
fast that (according to one notable expert) you becomes outdated
every 17 days.
Those of your intimately familiar with technology have probably
all experienced being approached by a friend or neighbor. You
have been identified as a tech-nerd, someone with all the
answers, especially in terms of helping this person select
his/her personal computer, or a system for their child. Most of
these inquisitors, at least from my experience, look the same:
They are the "deer in the headlights" folks. They
haven't a clue. They have ventured into the major electronic
stores and been bombarded with words, literature and acronyms
concerning products or concepts more foreign than anything
previously experienced. They are shell-shocked. They have been
paralyzed into a state of inaction. And you are their salvation.
You, they hope, speak plain English, not techno-talk.
But, despite their fears and frustrations, they all want to be
cutting edge. They live in fear of not having the best. And, they
want your assurance that when they buy Brand X, they won't be
laughed at and ridiculed.
In government, we have not learned the realities of the
marketplace. When's the last time any governmental agency was
capable of making a significant decision, much less moving in
significant directions in anything close to 17 days. The answer
obviously, is that we cannot. Our beaurocratic structures simply
don't lend themselves to taking such quick action. Moreover, the
taxpayers undoubtedly expect us to reflect more thoroughly on
major purchases than a 17-day window of time provides. But the
good news is, we don't have to be cutting edge. While we may
still fear being scoffed at (or audited), we understand that even
"old" technology may be new to us, and that all of it
potentially offers us vast opportunities and challenges. In our
examination of emerging technologies, we are given the chance to
totally reexamine and redesign the ways in which we do business.
We live in a technology-rich environment. Our task is to properly
harvest what's out there, and to do so in a cooperative and
mutually-beneficial fashion, cutting edge or not. We are
committed to making progress - NOW!
Today your computer or television screen (WebTV) can display
pictures of government buildings, and you can click on police
headquarters to see crime statistics, or the courthouse to see
the local rules of court.
Oracle has recently come up with a relatively inexpensive method
on accessing the net, perhaps laying to rest the oft-stated fear
of us becoming an information rich versus information poor
society.
Over the next two days we will learn more about the technologies
which are making this happen and how to implement and manage
them.
Imagine a few years ahead where the judiciary and the entire
justice enterprise are paperless and, in many respects, wireless.
Using a gigabit Internet network transferring data back and forth
through secure socket layers. Satellite uplinks transfer data
around the world and back. Appropriate electronic access is
granted to the public through computers, video Internet phones,
PC wallets and Internet televisions.
(The following is extracted from "Using Technology to
Improve the Justice System" by Justice G. Nicholson)
Pleading and briefing are conducted electronically, in both trial
and appellate courts at the federal, state, and local levels.
Many civil and criminal trial court proceedings are conducted by
telepresence. For law enforcement, the day has come when officers
required to testify in court can do so from their home or place
of work. No longer are officers tied up in the court house for
endless hours, languishing, waiting for the lawyers, clients, or
judges to appear. Telepresence will also be involved with the
many oral arguments in the California Supreme Court and in the
appellate courts, state and federal. Writs and appeals are more
orderly and heard more quickly because trial and appellate courts
electronically exchange files and exhibits. Many of the glitches
which, for so long, plagued intra- and inter- court transactions,
are gone because all justice enterprise records are
digital and carefully monitored. Career criminals no longer
escape appropriate punishment through systemic record tracking
delays.
Lawyers are online with one another and with the courts. Many
discovery procedures occur electronically, according to
judicially sanctioned protocols. Law libraries and the law itself
are electronically and economically accessible to everyone
because federal and state judiciaries, along with Congress and
state legislatures, long ago acted together and in the public
interest to govern their data, cases and statutes.
Sight, hearing and mobility impaired people are able to obtain
legal advice and to participate more fully in legal and judicial
proceedings, at all levels, through electronic multimedia tools
and telecommunications. Justice is electronically multilingual.
Judges design and utilize expert systems and artificial
intelligence to assist in judicial research and decision-making,
without jeopardizing the human touch or diminishing professional
accountability.
Hopefully, crime is greatly reduced in and about court facilities
throughout California and the nation. Schools, parks and
playgrounds are safer and more peaceful. Career criminals are
punished appropriately. Crime victims are universally accorded
the respect and dignity due them. If nothing else, the victims
are aware of the court's processes and calendars and able to
provide their statutorily protected input.
In this state, like most, a stated goal of sentencing those
convicted of crime is to punish the individual. It has often been
noted that the longer one waits to be punished, the less likely
it is that the defendant will be able to relate the punishment to
the criminal act previously committed. This philosophy has been
applied to the home setting, in the handling of children who have
misbehaved. Similarly, delays in having cases investigated,
solved, filed, tried and appealed create significant costs to the
public and foster mass dissatisfaction with the criminal justice
enterprise. That dissatisfaction impacts line officers in their
dealings with the public, it influences the general public's
perception of all lawyers, even those who don't practice criminal
law or appear in court; and it certainly impacts the public's
perception of the integrity of the court.
The Challenge Ahead in California: The Tower of Babel
Honorable Ronald M. George, Chief Justice of California, To a
joint session of The California Legislature, Sacramento,
California, on January 14, 1997.
ONE AREA THAT CLEARLY NEEDS IMPROVEMENT IS INFORMATION
MANAGEMENT. THE COURTS UTILIZE AN INCOMPATIBLE, INSUFFICIENT MIX
OF DATA PROCESSING AND HAND-COLLECTED INFORMATION SYSTEMS.
DISCORDANT AND TOO OFTEN NON-EXISTENT CAPABILITIES MAKE IT
DIFFICULT TO COLLECT AND MANAGE THE INFORMATION THAT ALL THREE
BRANCHES OF GOVERNMENT NEED IN ORDER TO ACCURATELY PLAN FOR THE
FUTURE OF THE COURTS OR TO ASSESS THE IMPACT OF CHANGES
ONCE MADE.
AFTER COMPLETING A REVIEW OF AUTOMATION SYSTEMS USED IN COURTS
ACROSS THE COUNTRY AS WELL AS IN CALIFORNIA, THE JUDICIAL
COUNCIL'S ADVISORY COMMITTEE ON TECHNOLOGY HAS LAID OUT A PLAN TO
BRING THE COURTS INTO THE 20TH AND 21ST CENTURIES. LOCAL COUNTY
PLANS HAVE BEEN COMPLETED DURING THE PAST YEAR. DATA STANDARDS
WILL BE ADOPTED THIS SUMMER. IT IS ESSENTIAL THAT WE SEIZE THE
OPPORTUNITY NOW TO ADVANCE IN THIS AREA. IF WE DO NOT, OUR COURTS
WILL BE LOCKED IN A TOWER OF BABEL, UNABLE TO EFFECTIVELY LEARN
FROM OR COMMUNICATE WITH ONE ANOTHER OR TO PROVIDE THE
LEGISLATIVE AND EXECUTIVE BRANCHES AND THE PUBLIC WITH COMPLETE
AND UP-TO-DATE INFORMATION CONCERNING THE OPERATIONS OF OUR
COURTS AND THEIR CASELOADS.
Customization is replacing standardization; just-in-time
production is replacing synchronization; flat organization charts
are replacing hierarchy; decentralization is replacing
centralization. The Internet is replacing a locked tower of
Babel. The world is embracing the internet and all its promise.
California steps toward the future to unlock the tower
California has taken
steps toward cooperation and coordination in the field of
technology within the branches of government. Governor Wilson
issued an executive order in 1992, establishing the Multi-Agency
Information Authority, an administrative structure for more
effective sharing of technology within the executive branch. The
legislative branch has deployed technology to assist the
legislators and to inform and educate the public, through
web-based offerings for virtually all its daily work and work
products. The judicial branch, although with fits and starts, has
begun to aggressively employ technology to accomplish its core
functions.
Our Administrative Office of the Courts now has a home page,
containing timely and relevant information for court users. Many
individual courts, including both the trial and appellate level,
have developed their own home pages. Through the net, many of the
commonly-asked questions can be provided without the use of
either court staff or travel time to court by our citizens.
Information as simple as providing directions to the court house,
to the posting of court calendars and publicizing local rules of
court can be found on our web pages. The internet is being
deployed by the judiciary and we have only touched the surface.
The challenge of the future is to coordinate and cooperate among
the branches, even as the technology is improved within each
branch. Rule 1033 of the California Rules of Court establishes
the Court Technology Advisory Committee, referenced a few moments
ago in the quote from Chief Justice George. Its membership
includes members of the judicial branch along with a
representative from each House of the Legislature, the state's
Chief Information Officer, court administrators and a
representative of the State Bar. Its charge is to observe the
principle of inclusiveness in implementing technology within the
courts and cooperating with the other branches of government and
the public.
In Sacramento, a California Intergovernmental Coordinating
Council has been formed to foster and facilitate further
cooperation in the use of technology. This council will employ
three tiers of coordination, from the highest policymaking level
of leaders in the branches of government at both state and local
levels to the officials who would implement the policy to the
organizations and employees who would carry out the work under
official direction.
The goal is to forge workable governance from the dispersed
powers of the branches of government at all levels. "While
the Constitution diffuses power the better to secure liberty, it
also contemplates that practice will integrate the dispersed
powers into a workable government. It enjoins upon its branches
separateness but interdependence, autonomy but reciprocity."
(Youngston Sheet & Sawyer (1952) 343 U.S. 579, 635, Jackson,
J. concurring)
See "Using Technology to Improve the Justice System,"
California County, May/June 1994.
Today's Use of Technology in the Core Functions of the Judiciary
As is inevitable, courts around the country have begun to adopt
technology to accomplish their core functions. Some of this
adoption is manifested in written opinions.
In Pennsylvania, a trial court considering child abuse charges
against a day care provider admitted testimony of the children by
videotape, which was made outside the presence of the jury and
the defendant. Even though the trial court found good cause for
following this procedure, the Pennsylvania Supreme Court reversed
the ensuing convictions, concluding that the state constitution
required accusers to confront the accused face to face.
(Commonwealth v. Louden (1994) 638 A.2d 953.)
Under similar circumstances of fear on the part of abused
children to face their molesters, but in a dependency proceeding
rather than a criminal proceeding, a California court found use
of one-way closed-circuit television to take testimony of the
children outside the presence of their parents was permissible.
(In re Amber S. (1993) 15 Cal. App. 4th 1260.)
The Fourth Circuit of the United States Court of Appeals has
concluded that videoconferencing can be used to conduct a
commitment hearing. In that case, the government sought to commit
the respondent involuntarily. The hearing on the government's
petition was held in two places simultaneously The judge,
government lawyer, and court reporter were in court, and the
respondent, his attorney, and the principal witness were in a
room at the mental health facility. The appellate court found
this procedure did not violate the respondent's due process
rights. (United States v. Baker (1995) 45 F.3d 837.)
Finally, as we witnessed just several months ago, technology can
save significant money. When the alleged Unibomber was scheduled
to be arraigned in a New Jersey federal court, did we incur the
expense and danger of transporting him from the Sacramento County
jail facilities? No, his appearance was arranged through the
cooperation of the Sacramento County Public Defender's access to
a video link, working in conjunction with the federal
authorities. He appeared "remotely" without the
pitfalls and expense of moving him across the country.
These are just a few ways the courts have dealt with the
encroachment or assistance--depending on how one sees it--of
technology in the courtroom.
Arizona v. Evans (the following is extracted from
"Retooling Criminal Justice" by Justice G. Nicholson)
While technology is to be found within criminal justice, there is
little evidence it has been welcomed as an enhancement to the
process from beginning to end. The principal extent of
technological implementation to this point has been automation of
formerly manual functions. An example of this recently found its
way to the United States Supreme Court in Arizona v. Evans.
Isaac Evans was summoned to appear before a justice of the peace,
but failed to do so. The justice of the peace issued a warrant
for Evans' arrest. The justice court informed the Maricopa County
Sheriff's Department of the arrest warrant. The sheriff had
automated the task of keeping track of arrest warrants, so Evans'
arrest warrant was entered into the computer.
Six days after the justice of the peace issued the arrest
warrant, Evans voluntarily appeared before a temporary justice of
the peace. The arrest warrant was withdrawn when Evans was
released on his own recognizance. Normally, the clerk of the
court telephoned the sheriff's department to report the warrant
was no longer in force, but no call was made in this case. The
arrest warrant against Evans remained in the sheriff's computer
system.
Seventeen days after the justice court withdrew the warrant, a
Phoenix police officer stopped Evans for driving the wrong way on
a one-way street. The officer had a computer terminal in his
patrol car, so he checked for outstanding warrants on the
sheriff's computer. The computer reported the warrant, so the
officer arrested Evans and found marijuana in his possession.
The issue in Arizona v. Evans was whether the marijuana should be
excluded as evidence. For years, based on the exclusionary rule,
the courts have required evidence to be suppressed when peace
officers err in making arrests and executing searches. The courts
have rested the exclusionary rule on its desire to deter willful
police misconduct. In Arizona v. Evans, Chief Justice William
Rehnquist, writing for a seven-member majority, declined to
extend the exclusionary rule to suppress evidence when a court
clerk errs and, as a result, a faulty arrest and search turns up
contraband. The court held that, when peace officers act in
objective, reasonable reliance on records that are incorrect
because of the error of a court clerk, not the error of law
enforcement, evidence recovered incidentally may be used to
prosecute.
That the task of keeping track of arrest warrants was automated
at the sheriff's department had no real bearing on Arizona v.
Evans. If the sheriff's department had kept the records manually,
it still would not have reported to the officer that the arrest
warrant against Evans had been withdrawn because the court clerk
did not follow the normal procedure of notifying the sheriff's
department by telephone of the withdrawal. The Supreme Court's
majority opinion paid little attention to the minimal automation
involved in the case and decided the case based on whether the
error of a court clerk would require exclusion of evidence,
although, in an aside, it blamed the problem on
"computerization." In reality, it was a failure in
communication between the court and the sheriff's department, not
a computer error, that caused the problem.
Justice Sandra Day O'Connor, in a concurring opinion, expressed
concern about how computers are being integrated into criminal
justice: "In recent years, we have witnessed the advent of
powerful, computer-based recordkeeping systems that facilitate
arrests in ways that have never before been possible. The police,
of course, are entitled to enjoy the substantial advantages this
technology confers. They may not, however, rely on it blindly.
With the benefits of more efficient law enforcement mechanisms
comes the burden of corresponding constitutional
responsibilities." While Justice O'Connor recognized the
correctness of the majority's analysis, she felt sufficiently
compelled to fire a shot across the government's bow: technology
must be integrated responsibly.
Justice Ruth Bader Ginsburg, however, went further. In a
dissenting opinion, she declared: "Widespread reliance on
computers to store and convey information generates, along with
manifold benefits, new possibilities of error, due to both
computer malfunctions and operator mistakes." She continued:
"Isaac Evans' arrest exemplifies the risks associated with
computerization of arrest warrants." Despite her
misapprehension of the cause of Evans' grief (lack of effective
communication) and her apprehension of computerization, Justice
Ginsburg recognized the inevitable expansion of technology in
criminal justice: "In this electronic age, particularly with
respect to recordkeeping, court personnel and police officers are
not neatly compartmentalized actors. Instead, they serve together
to carry out the State's information-gathering objectives.
Whether particular records are maintained by the police or the
courts should not be dispositive where a single computer database
can answer all calls. Not only is it artificial to distinguish
between court clerk and police clerk slips; in practice, it may
be difficult to pinpoint whether one official, e.g., a police
officer, caused the error to exist or to persist."
Justice Ginsburg's view appears to ignore the necessarily
discrete functions of the courts and law enforcement. The court
must create the information--the warrant. Law enforcement cannot
perform this function. This is true whether or not computers are
used. Law enforcement must then obtain the information from the
court and must be able to rely on the court because law
enforcement has no ability to create the information itself.
Prohibiting reliance on the court prevents law enforcement from
performing its function, that is, acting on the information.
Instead of making peace officers responsible for the accuracy of
court information, the system should be improved so that law
enforcement can rely on the courts and their data.
Justice Ginsburg's reaction to the breakdown in communication
between the court and law enforcement emphasizes the problems in
improving criminal justice in the information age. Technology,
although given no unified invitation, has invaded criminal
justice, and will continue to do so at an increasingly rapid
pace. How will the information be stored? Who will be responsible
for its accuracy? How will it be accessed? And by whom? What will
be the respective roles of the participants in criminal justice
to integrate data storage and retrieval? The challenge is to
improve criminal justice by coordinated technological
integration.
Last Saturday's paper had an interesting article about a 1984
Olympic gold medal boxer, Meldrick Taylor, a welterweight. The
story detailed Mr. Taylor's rise to glory as a boxer and his
gradual fall, both in the ring and out, culminating in criminal
charges now pending for insurance fraud.
Lots of people were quoted in the article, former opponents,
handlers, announcers and other boxing commentators. What struck
me, however, was the closing paragraph of the story. The portion
that dealt with his recent bankruptcy. The source of that
information - an "unidentified" computer database..
I can see it now. We are all accustomed to dealing with
confidential sources, informants if you will. You in law
enforcement usually strive to keep them secret, increasing their
useable lifespan. Defense lawyers want to meet and cross examine
them. People like me are often in the middle.
Very soon, perhaps, you'll be shielding the data base - the data
base will have its own lawyer - perhaps another computer, trained
in law. Data bases, it seems, are becoming so indispensable and
perhaps reliable, that the press now cites them as anonymous yet
authoritative sources.
The Tie that Binds Us (the Internet)
Few benefits of online interactivity are of such potential
importance, or are so often overlooked, as the Internet's promise
for improving criminal justice technology integration. Personal
computers hooked to interactive secure socket layer networks will
empower justice agencies to participate in a seamless exchange of
information almost unheard of today. The Internet will bind and
combine our agency databases into multi-agency databases and
allow us to exchange information closing gaps that criminals
often exploit. There are a few multi-agency Internet projects
under development right now.
GTE Introduced a Web-Based Crime Fighting Tool to Help Law
Enforcement Agencies Collaborate on Crime Fighting (The Bastille)
11:03 a.m. Oct 27, 1997 Eastern
ORLANDO, Fla.--(BUSINESS WIRE)--Oct. 27, 1997--
The Bastille Service Takes Aim at Knocking Criminals and Gangs
Off the Streets and Putting Them Behind Bars
Seeking to help law enforcement agencies put more criminals
behind bars faster, GTE introduced The Bastille(SM), a Web-based
service that offers a secure, private network for information
sharing and real-time communication among officers of the law.
The service, available to all U.S. law enforcement agencies
beginning Feb. 1, 1998, was unveiled to attendees at the 104th
annual conference of the International Association of Chiefs of
Police (IACP).
Featuring highly secure and encrypted databases accessible only
by the law enforcement agencies that subscribe to The Bastille,
the service helps officers of the law do more legwork in
cyberspace, allowing them to cover more territory faster.
Specifically, officers and detectives -- with the click of their
computer mouse and a few keystrokes -- can use the Web-based tool
to search or post information in the databases concerning:
-- criminal activity, gang watch and drug watch
-- "most wanted" suspects
-- missing or abducted children alerts
-- sex offender release notifications
-- criminal or missing persons photos
-- "hot spot" neighborhood maps
Named after the famous former state prison in Paris, France, The
Bastille will use the Internet to "virtually unify our
nation's law enforcement efforts in the growing war against
drugs, and delivers a cyber-knockout punch to criminals and
gangs," said Dan Jensen, vice president/general manager of
GTE Enterprise Solutions, a unit of GTE Corp.
Six-Month Trial To Involve A Dozen North Texas Law Enforcement
Agencies .
In November, a dozen North Texas law enforcement agencies
including county sheriff's offices, department of public safety
and large police departments will begin using The Bastille as
part of a six-month free trial. Throughout the trial, the
agencies will provide feedback to GTE to ensure that the database
modules are customized to meet the specific needs of the
agencies.
"We are looking forward to using this 21st century crime
fighting tool," said Detective David Wilson of the Irving,
Texas, Police Department. "The Bastille will provide a new
avenue for our department to work in tandem with other law
enforcement agencies in a collaborative, effective way."
Because crime has no boundaries, law enforcement agencies,
regardless of where they are located, will be able to outwit
criminals by using The Bastille to exchange vital historical and
late-breaking case data in their quest to improve the quality of
life in the communities they serve, according to GTE's Jensen.
"The Bastille gives law enforcement officers a secure forum
to exchange information with individuals, specific groups or
other agencies through information broadcasts, agency and
crime-specific news groups, officer-to-officer e-mail and remote
mobile access," said Dave Watkins, general manager-law
enforcement services for GTE Enterprise Solutions.
Combining the speed of modern telecommunications technology,
advanced, encrypted data transmission service, firewall
technology and smart-card reader hardware, plus easy-to-use
browser software to navigate through the databases, The Bastille
can help anyone in a law enforcement agency become an expert
"cybercop," according to GTE.
Using The Bastille, officers and detectives will be able to
securely view a variety of crime-fighting information including
photo lineups of suspects, mugshots and surveillance videos. The
service will be particularly helpful in solving
cross-jurisdictional crimes.
With the mapping capabilities of The Bastille, for instance,
officers can quickly narrow their suspect list by graphically
zeroing in on a crime zone, then overlapping a map of known
offenders in that area.
"Since the content of The Bastille will be produced by law
enforcement agencies, the service will be of greatest benefit as
more and more agencies subscribe to the service, broadening the
base of case information that is stored in the databases,"
said Watkins.
Crime Fighting Service Aided By Advanced Technology
To deliver the web-based crime fighting tool to law enforcement
agencies coast to coast, GTE has teamed up with five companies
that each bring specific technological benefits: Web serving
platform on which the Bastille operates. GTE uses Silicon
Graphics' WebFORCE(R) Origin 2000(TM) and Origin200(TM) servers.
technology from which all the crime fighting data, such as
images, text, documents and mapping capabilities will be
utilized. enterprise storage capabilities. GTE uses EMC's
Symmetrix solution to provide users with data such as photos and
graphical images. CyberGuard's highly secured, encryption
services that only allows entry to subscribers. By February, The
Bastille will also include GTE CyberTrust(TM) digital
certificates and certification authority (CA) services to further
strengthen the system. encrypted virtual private network. SafeNet
works in tandem with CyberGuard security services to create
highly secure network available only to subscribers. (for more
information http://www.gte.com )
A second similar Internet technology project is being developed
in Florida. (see Web fights crime; Researchers help police
forces build systems to share data, by Ben Elgin)
On paper, intranet technology would seem like a cure-all for law
enforcement agencies. Departments could access one another's
criminal records and case histories to generate instant leads and
suspect lists while eliminating the jurisdictional loopholes
often exploited by criminals.
SLOW DEPLOYMENT
However, intranet deployment across multiple police departments,
especially at the local level, has been slow-if not
nonexistent-because detectives and narcotics agents are hesitant
to trust a technology that many of them don't understand.
Despite the high stakes, seven western Florida police departments
are challenging law enforcement's technophobia as they put the
finishing touches on an intranet that shares police reports,
paperwork on 100,000 past and present cases, wiretap transcripts,
court depositions, and photographed evidence. Dubbed the West
Florida Counterdrug Investigation Network (WFCIN), the $1.5
million, government-funded system is scheduled to go live by
early February, says Detective Leonard Leedy of St. Petersburg,
FL.
TROUBLE-SHOOTING SECURITY PROBLEMS
While WFCIN employs fairly standard intranet functions, security
measures are severe, and troubleshooting sessions have been
relentless, says Sage Jackson, a programmer with the University
of Tennessee, which has consulted on the project's technical
side.
Netscape's Secure Sockets Layer (SSL) protocol is used in
conjunction with Navigator 3.0 to provide a level of external
security, but the biggest challenge lies in safeguarding the
network from internal security threats.
"Ninety percent of all security leaks come from
within," says Captain Dan Wiggins, Pinellas County Sheriff's
Office (Largo, FL). Underscoring this dilemma is the premise that
seven different departments could become vulnerable if just one
networked cop went bad.
The University of Tennessee responded by developing a client-side
plug-in that appears as a standard search field to the user.
Instead of sending out one standard query to each of the seven
intranet servers, the plug-in issues seven independent queries,
garners the results, and repackages them to appear as a single
query result.
This grants users an easy search format, while guaranteeing that
no system administrator gains unchecked access to another
department's database. Nondepartment visitors can only search
areas that each particular department deems appropriate through
an array of permissions, user groups and passwords.
THE CRIME NETWORK
WFCIN proponents say that narcotics agents will eventually
embrace the network and its advantages, especially the potential
for lead generation through crime association.
For example, if a St. Petersburg narcotics agent makes a drug
bust where cocaine is hidden in hollowed-out bolts, they can
search seven different criminal databases for past crimes where a
similar concealment method occurred. If dealers move a couple of
counties away to escape police observation, their criminal pasts
will be readily available to the normally unsuspecting police.
What else is going on in California? Starting about a year ago,
using state funds, our California Department of Corrections
embarked upon a project known as Parole Leads. This
program, which hinges on the internet, was recently the recipient
of a national award for excellence and innovative uses of
technology.
Parole Leads is an internet program that lists a variety of
information about individuals currently on parole in California.
In terms of numbers, our daily average number of parolees is
close to 105,000 individuals.
The Parole Leads program is a secure system, containing both
multiple firewalls and incription software. It is available to
law enforcement agencies for a modest subscription fee and is now
fully deployable, having been successfully piloted during the
last year.
The system is designed to aid local law enforcement with the
detection of parolees and to enhance their crime solving
capabilities. Through the system, local law enforcement can
obtain the most recent photo of every California parolee, match
the thumb print of the person being detained with the information
available through the system and secure a host of information
about the parolee, including aliases, gang affiliations, tattoos,
known associates and related information of critical importance
to law enforcement.
The system will eventually replace the hard-copy listings of
parolees published by the States Department of Justice and,
through the convenience and efficiencies offered by the internet,
be updated far more frequently than was ever possible in the
paper-driven version.
This handful of projects is simply illustrative of the myriad of
projects that are underway around this country. Also, it is
noteworthy that such projects are not being done from scratch, in
a vacuum. One of the most encouraging aspects of technology
development is the growing willingness of public agencies to
learn from the experiences of other agencies and to not be
continuously re-inventing the wheel.
As an example, the electronic filing of documents with the court
system, whether by lawyers, litigants or even by law enforcement
(traffic citations for instance) is being vigorously explored in
many locations, both here and abroad.
Why pursue electronic filing? A multitude of reasons. It reduces
the vast amount of paper that threatens to bury us. It reduces
the storage and retention costs that come with the paper record.
It reduces redundancy in operations - which in turn decreases the
risk of errors in data entry. It's faster, cheaper and more
reliable. Our customers (the public) want it. Moreover, the
public is getting used to it. The Internet has dramatically
impacted the way the public expect to be serviced.
Go to a major gas station and take a look at how few people use
anything other than electronic modes of payment. Cash is becoming
downright dinosauric - some retail clerks verge on being offended
when confronted with it.
When the California Court Technology Committee set out to explore
and establish standards to govern electronic filing, we found
that the federal court system, through the Administrative Office
of the United States Courts, had just completed a comprehensive
analysis of this issue and had already proposed extensive
technical standards.
As a result, the work of our committee was brief - yet
meaningful. The standards are on their way to being formally
adopted, months ahead of the original schedule.
The point is not just the obvious - don't waste time and
duplicate efforts. The importance in the realm of technology is
that standards help to ensure the ready transfer and sharing of
data between the branches of government, and within agencies with
the same branch. Absent the ability to share the data, the net
result will simply be a more efficient status quo - - with
agencies still failing to communicate, failing to consider the
enterprise as a whole, still working (albeit more efficiently) in
relative isolation.
That is simply unacceptable. It is unacceptable to the taxpayers
of this country. It is unacceptable to all victims of crime, be
they corporate entities or private citizens. Our elected
officials won't tolerate it and neither should you.
Our failure to capture the rapture of the net would be criminal.
WORKING AND LEARNING TOGETHER
I have just a few remaining comments.
The notion of law enforcement agencies working cooperatively
together, across geographical or political boundaries is nothing
new. The common elements of your purposes, regardless of whether
you are city, county, state or federal employees, provides a bond
that has served your profession well over the years.
The justice enterprise, consisting of all law enforcement
agencies, the Department of Corrections, the probation
departments, district attorneys, public defenders; family court
services, all levels of the court system as well as the
legislative and the executive branch of government need help.
Your safety, as law enforcement officers, as well as the safety
of our citizens, is dependent upon accurate information.
Technology should be used to enhance our ability to make
intelligent decisions, regardless of whether the information is
used to safely effectuate a stop of a vehicle, to properly
prosecute and sentence an offender or to consider reforms to our
statutes or constitutions. All of us are negatively impacted by
erroneous information and delay.
Conferences such as this one, devoted and tailored to law
enforcement, are well-attended, well-received and highly praised.
Your presence here today is an indicator of the seriousness with
which you view the potential of the internet - and perhaps of
equal importance, the appreciation for the clear reality that
advancements will be made that dwarf the net. What are they? I
have no idea, but perhaps in the days that follow, you will all
obtain a clearer picture of not just the internet and intranets,
but visions of the technologists as to what lies ahead.
It's time to look beyond the boundaries of law enforcement. It's
time to consider both he contributions and the needs of each of
your partners in the criminal justice enterprise.
Technology has the ability to obliterate the historical
boundaries that have divided us. Boundaries that have prevented
us from sharing information. Barriers that have deterred rather
than promoted communication and cooperation. Today, we can share
discrete portions of data without corrupting it or compromising
our individual missions and responsibilities.
If you continue to hear from the naysayers that you can't do
this, or can't do that, challenge the speaker. Demand an answer.
If all you're getting is negative responses, check with other
sources, including agencies that are similar to yours. Contact
outside entities, including SEARCH before you toss in the towel
and surrender to the ways of the past.
The United States Department of Justice, working with key leaders
in the Justice Enterprise in California and other states is
actively pursuing a global criminal justice information network.
Its design and implications will be cataclysmic for the
inattentive. You want to be part of this wave, not deluged by it.
The internet is one vehicle for bridging the historical chasms
and repairing the system as a whole. This Conference is a
dramatic and encouraging step in that direction. Through
conferences such as this and with the continued spirit of
cooperation that is becoming infectious, we can learn together
how to use, manage and build on the net.
If that is our commitment, all segments of the justice enterprise
can make progress. As a result, public safety can be enhanced and
the integrity of the justice enterprise can be restored.
My thanks again to SEARCH for inviting me to join you this
morning. Have a great two days in San Francisco.